Case law

Gilligan v. Hocking County, Ohio

District Court, S.D. Ohio · Mar 6, 2024

immunity provided by O.R.C. § 2744.02–03 is different from the qualified immunity discussed in these cases, the undersigned finds that the same policy considerations underlie the statutory and qualified immunities such … that case law construing qualified immunity is persuasive here.

Carney v. Columbus City Schools Board of Education

District Court, S.D. Ohio · Apr 21, 2020

“Qualified immunity shields public officials who perform discretionary functions from tort liability, so long as their conduct does not violate clearly established rights viewed under the applicable constitutional standard … been violated, and (2) whether that right was clearly established.”

Gies v. Flack

495 F. Supp. 2d 854 · District Court, S.D. Ohio · Jul 6, 2007

Sovereign Immunity Defendants argue that summary judgment is proper because Plaintiffs claims are barred by sovereign immunity. … Although Garvie considered only whether such a liberty right was “clearly established,” the Sixth Circuit subsequently held that where a tenured professor was removed as department head but was unable to show any harm or

Books a Million, Inc. v. H & N ENTERPRISES, INC.

140 F. Supp. 2d 846 · District Court, S.D. Ohio · Mar 16, 2001

Based on the foregoing affidavit, Joe Muggs appears to qualify as an establishment where refreshments may be procured by the public. … In response, the Defendant does not argue that Joe Muggs qualifies as a “catering service.”

Johnson v. Lawless

District Court, S.D. Ohio · Sep 26, 2024

of their conduct was clearly established when they acted.’” … Because Johnson has failed to demonstrate that Lawless violated a constitutional right, the Magistrate Judge correctly found that Lawless is entitled to qualified immunity on Johnson’s claims.

Vinson v. Warden, Chillicothe Correctional Institution

District Court, S.D. Ohio · Dec 5, 2024

Vinson “need only allege facts that establish that each Defendant had knowledge of [Mr. Vinson’s] symptoms. … Vinson’s claims should be dismissed based on qualified immunity.

Hall

District Court, S.D. Ohio · Dec 8, 2025

After a defendant “initially raises qualified immunity, the plaintiff bears the burden of showing that the defendant is not entitled to qualified immunity.” Id. (citing Burgess v. … “There are two components to the qualified immunity analysis.” Robinson v.

Mitchell v. The Ohio State University

District Court, S.D. Ohio · Feb 3, 2020

Defendants argue that a stay is warranted because their Motion to Dismiss is likely to succeed and because the Individual Defendants have raised the defense of qualified immunity and Eleventh Amendment immunity. … Yet only some of Plaintiff’s claims are subject to qualified immunity and Eleventh Amendment immunity defenses.

Costlow v. ODRC (Ohio Department of Rehabilitation & Corrections)

District Court, S.D. Ohio · Dec 1, 2021

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … was ‘clearly’ established at the time of the alleged misconduct.”

Cook v. Davis

District Court, S.D. Ohio · Jun 5, 2020

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … function of Defendant’s job and the denial did not constitute a violation of a clearly established statutory or constitutional right.

Colorez v. City of Cincinnati, Ohio

District Court, S.D. Ohio · Feb 26, 2020

Second, this Court must address the question of qualified immunity. … “Under the doctrine of qualified immunity, ‘government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly established

Brown v. O'Connor

District Court, S.D. Ohio · Feb 21, 2024

and the Attorney Defendants have qualified immunity. … The Attorney Defendants further argue that they are entitled to qualified immunity. The undersigned agrees.

Value Behavioral Health, Inc. v. Ohio Department of Mental Health

966 F. Supp. 557 · District Court, S.D. Ohio · May 30, 1997

OBHP clearly indicated to the state that it would not be purchasing reinsurance, but would instead self-insure to the extent of *562 $6,864,000. … The plaintiff must establish that the section “creates ‘a federal right’ that is enforceable under § 1983.

Luke v. Lambert

District Court, S.D. Ohio · Sep 29, 2021

Johnson Has Not Established A Defense Of “Qualified Immunity” Or Statutory Immunity. … If a factfinder were to determine that Johnson in fact did so, it is difficult to imagine how qualified immunity, a defense based on lack of clearly established law, could save him.

Phillips v. DeWine

92 F. Supp. 3d 702 · District Court, S.D. Ohio · Feb 17, 2015

Certainly, much of the language of H.B. 663 could have been drafted more clearly. But a careful reading of the statutory scheme reveals that Plaintiffs have not pled plausible claims. … Not all oversight requires absolute transparency, and the Eighth Amendment does not enlarge other qualified or limited rights depending on context.

McDougald v. Clagg

District Court, S.D. Ohio · May 20, 2020

Qualified Immunity There is no clearly established law that prohibits correctional officers from using pepper spray in a reactive fashion as occurred in this case … Dillow, Case No. 1:16-cv-1099, Doc. 55 at 16 (R&R recommending that Defendants be granted qualified immunity in light of Plaintiff’s failure of to show violation of any clearly established constitutional right).

JACKIE S. v. Connelly

442 F. Supp. 2d 503 · District Court, S.D. Ohio · Jul 20, 2006

There are, however, three qualified exceptions to Eleventh Amendment immunity. See Lawson v. Shelby Cty., 211 F.3d 331 , 334-35 (6th Cir.2000) (discussing exceptions to the Eleventh Amendment). … (B) List The designated State unit shall maintain a list of qualified impartial hearing officers who are knowledgeable in laws ...

King v. City of Columbus

District Court, S.D. Ohio · Sep 19, 2023

immunity defense through the lens of the federal qualified immunity analysis.” … Here, the federal district court granted summary judgment to the police officers on the basis of qualified immunity, finding that “their conduct was objectively reasonable and did not violate clearly established

Wood v. Eubanks

District Court, S.D. Ohio · May 11, 2020

Even if a government official deprives a plaintiff of a federal right, “qualified immunity will apply if an objective reasonable officer would not have understood, by referencing clearly established law, that his conduct … , the ultimate burden is on the plaintiff to show that the defendant is not entitled to qualified immunity.”

Kimble v. Gleckler

District Court, S.D. Ohio · Mar 18, 2025

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … “To overcome a defendant's assertion of qualified immunity, a plaintiff must show both (1) that the defendant violated a constitutional right, and (2) that the right was clearly established at the time of the violation.